]]>https://www.tuckerlawpllc.com/blog/penalidades-y-multas-por-cargos-de-dui-en-virginia-para-infractores-por-primera-vez-y-reincident.cfmwww.tuckerlawpllc.com-180731Thu, 03 May 2018 17:14:00 ESTDomestic violence is a very difficult topic. Nobody plans to be involved in a domestic violence or domestic assault case but unfortunately, these situations are more common than you would think. It is important to remember that even if someone is charged with domestic violence or domestic assault, it does not always mean they are a “bad” person. This article will talk about some common patterns in domestic violence cases.

Common Patterns in Domestic Violence or Domestic Assault Cases

Domestic violence in different relationships usually have similarities. Domestic violence situations do not always instantly happen, these situations usually develop over time. Relationships that are under constant stress can sometimes be the start of domestic violence.

Domestic Violence Escalates over Time

Unfortunately, an individual is not charged with domestic violence the first time it happens because the police were not notified. The victim may have been too scared to go to the police or, the victim may not think that the incident is very serious. It is important to remember that if domestic violence occurs, a victim should report it immediately in order to avoid a more serious situation later on.

Domestic Violence Risk Factors

Many experts agree that there are risk factors which can make domestic violence more likely to occur. Some examples of these risk factors are:

Abuse during pregnancy

The presence of a step-child

Threatening use of a gun

Drug use

Unemployment

Instances of choking

An age difference of more than 10 years

Cheating in the relationship.

An unhealthy level of jealousy.

It is important to remember that these examples are only are risk factors. But, one or more of these risk factors are commonly found in a relationship that has been affected by domestic violence.

Avoiding Domestic Violence

The best way to address domestic violence in a relationship is to avoid it or address it early on so that it does not get worse. Minor instances of domestic violence usually become more severe over time. Addressing domestic violence early on can also allow for the individual who committed domestic violence to have a chance to change his/her behavior through counseling.

Domestic Violence and Domestic Assault Laws

Domestic violence crimes can be referred to as “domestic violence”, “domestic abuse”, “domestic assault” or other names, depending on the state. If you have been charged, it is important to understand the laws in your area if you have been charged with domestic violence or domestic assault or, if you have been the victim of domestic violence or domestic assault. To learn about the laws in your state, visit:

We are Ready to Help You!

Domestic violence cases are usually complicated and if you have been charged or have been a victim, you should work with a legal professional who can help make sure your best interests are protected in court. If you are looking for guidance, call Tucker, Nong and Associates or, send us a message online and tell us about your case. Our firm does not want to judge you, we only want to help. Don’t wait – help is just a call or click away.

Temporary Protected Status (TPS) is a temporary immigration status provided to nationals of certain countries experiencing problems that place their nationals at risk if deported there or that would compromise the foreign government’s ability to absorb the return of its nationals. TPS has been a lifeline to hundreds of thousands of individuals already in the United States when problems in a home country suddenly make their departure or deportation untenable. This fact sheet provides an overview of how TPS designations are made, what benefits TPS confers, and how TPS beneficiaries apply for and regularly renew their status.

Congress created Temporary Protected Status (TPS) in the Immigration Act of 1990. It is a temporary immigration status provided to nationals of specifically designated countries that are confronting an ongoing armed conflict, environmental disaster, or extraordinary and temporary conditions. It provides a work permit and stay of deportation to foreign nationals from those countries who are in the United States at the time the U.S. government makes the designation.

For what reasons can a country be designated for TPS?

A country may be designated for TPS for one or more of the following reasons:

An ongoing armed conflict (such as a civil war) that poses a serious threat to the personal safety to returning nationals;

An environmental disaster, such as an earthquake, hurricane, or epidemic, resulting in a substantial, but temporary disruption of living conditions and the foreign state is temporarily unable to adequately handle the return of its nationals; or

Extraordinary and temporary conditions in the foreign state that prevent its nationals from returning to the state in safety (unless the U.S. government finds that permitting these nationals to remain temporarily in the United States is contrary to the U.S. national interest).

Who has the authority to designate a country for TPS?

The Secretary of Homeland Security has discretion to decide when a country merits a TPS designation. The Secretary must consult with other government agencies prior to making a decision to designate a country—or part of a country—for TPS. Although these other agencies are not specified in the statute, these consultations usually involve the Department of State, the National Security Council, and occasionally the Department of Justice (DOJ). The Secretary’s decision whether to designate a country for TPS is not subject to judicial review, according to immigration law.

How long are TPS designations?

A TPS designation can be made for 6, 12, or 18 months at a time. At least 60 days prior to the expiration of TPS, the Secretary must decide whether to extend or terminate a designation based on the conditions in the foreign country. Decisions to begin, extend, or terminate a TPS designation must be published in the Federal Register. If an extension or termination decision is not published at least 60 days in advance of expiration, the designation is automatically extended for six months. The law does not define the term “temporary” or otherwise limit the amount of time for which a country can have a TPS designation.

Who is eligible for TPS?

In order to qualify for TPS, an individual must:

be a national of the foreign country with a TPS designation (or if stateless, have last habitually resided in a country with a TPS designation);

be continuously physically present in the United States since the effective date of designation;

have continuously resided in the United States since a date specified by the Secretary of Homeland Security; and

not be inadmissible to the United States or be barred from asylum for certain criminal or national security-related reasons, such as individuals who have been convicted of any felony or two or more misdemeanors.

Nationals of a designated country do not automatically receive TPS but instead must register during a specific registration period and pay significant fees. In addition, an individual’s immigration status at the time of application for TPS has no effect on one’s eligibility, nor does the previous issuance of an order of removal.

What does TPS authorize a noncitizen to do?

An individual who is eligible for TPS must register by submitting an application to U.S. Citizenship and Immigration Services (USCIS), an agency of the Department of Homeland Security. If a person demonstrates eligibility and USCIS grants TPS, that person receives a temporary stay of deportation and temporary authorization to work in the United States. TPS beneficiaries are also eligible for advance parole, which provides permission to travel abroad and return to the United States, but they must apply for it separately. Beneficiaries are not eligible for any public assistance by virtue of their TPS status.

Which countries have TPS?

As of August 2017, the following 10 countries have valid TPS designations:

El Salvador

Haiti

Honduras

Nepal

Nicaragua

Somalia

South Sudan

Sudan

Syria

Yemen

Which countries have had TPS in the past?

Since TPS was created, the following countries or parts of countries have had TPS designations that are now terminated:

Angola

Bosnia-Herzegovina

Burundi

Guinea

Guinea-Bissau

Province of Kosovo

Kuwait

Lebanon

Liberia

Montserrat

Rwanda

Sierra Leone

Does TPS create a path to permanent residence or citizenship?

TPS does not provide beneficiaries with a separate path to lawful permanent residence (a green card) or citizenship. However, a TPS recipient who otherwise is eligible for permanent residence may apply for that status.

Generally, a person who entered the United States without inspection is not eligible to apply for permanent residence. As of August 2017, three federal appellate circuits have ruled on this issue:

Two federal appellate circuits (the Ninth and Sixth Circuits) ruled that a person with valid TPS status can adjust status to lawful permanent residence if otherwise eligible through a family-based or employment-based petition, even if he or she entered the United States without inspection.

The Eleventh Circuit ruled that a TPS recipient who entered without inspection is not eligible to adjust to permanent residence even if otherwise eligible.

DHS’ position, applicable in all other circuits, is that a TPS holder is not eligible to adjust status within the United States. In order to gain permanent resident status, a TPS recipient must instead depart the country to have a visa processed at a consular post. For many TPS holders who originally entered the United States without inspection, a departure to have a visa interview would trigger bars to re-entry for up to 10 years.

What happens to a TPS beneficiary when a TPS designation ends?

TPS beneficiaries return to the immigration status that the person held prior to receiving TPS, unless that status has expired or the person has successfully acquired a new immigration status. TPS beneficiaries who entered the United States without inspection and who are not eligible for other immigration benefits, for example, would return to being undocumented at the end of a TPS designation and become subject to removal.

How are “Deferred Enforced Departure” and “Extended Voluntary Departure” related to TPS?

Deferred Enforced Departure (DED) is very similar to TPS but derives from the President’s foreign policy authority rather than from a specific law.

There are no explicit criteria for making DED decisions or for determining who would be eligible for DED once a designation is made.

Just like TPS holders, DED beneficiaries receive a work permit and stay of deportation; however, they are not permitted to travel abroad.

As of August 2017, Liberia is the only country with a DED designation, which is due to expire in March 2018.

Extended Voluntary Departure (EVD) was the predecessor to TPS prior to the Immigration Act of 1990. It was a discretionary authority used by the Attorney General (at a time when the Immigration and Naturalization Service was housed in DOJ) to give nationals of certain countries experiencing turbulent country conditions temporary permission to remain in the United States. Congress eliminated EVD when TPS was created.

]]>https://www.tuckerlawpllc.com/blog/temporary-protected-status-an-overview.cfmwww.tuckerlawpllc.com-176863Thu, 02 Nov 2017 10:56:00 ESTAlthough there are a number offenses that the police in the state of Maryland can charge a driver with who is operating a motor vehicle with a suspended or revoked license, there are four offenses that are significantly more common than others.

Driving with a Suspended License — Minor Offense

Driving with a revoked or suspended license in Maryland actually carries two separate classifications. The charge would be considered less serious than the second; however, it still carries up to a $500 fine, 60 days confinement in jail, and as many as three points added to your driving record. This particular charge is used by officers when the driver’s license was revoked or suspended as an administrative sanction. Administrative sanctions are levied for offenses such as failure to appear or failure to pay a fine after having been found guilty of a specific offense. This administrative sanction can be levied, even if the offense is not directly related to driving.

A driver who is stopped while driving with a suspended license under this specific code will face the associated penalties, which are stiff; however, they are less severe that the penalties for the second code associated with the same offense.

Driving with a Suspended License — Major Offense

Driving with a suspended or revoked license under this code comes with more severe consequences. A charge of reckless driving in Maryland could result in this type of suspended or revoked license as part of a court sanction. The punishment is much stiffer than the administrative sanction, with as much as a $1,000 fine, a maximum of 12 months in Jail and as many as 12 points being added to the driving record of the offender.

This is the predominate code under which most people drivers who are caught driving with a revoked or suspended license will be charged with. The code covers all types of suspensions except failure to appear and failure to pay fines. For example, if your license was suspended for compiling an excessive number of points on your driving record, failure to participate in driver improvement programs mandated by the court, failing to pay child support or due to outstanding warrants, this code will apply to you.

Driving with a Revoked License

Being charged with driving with a revoked license is significantly more severe than the previous court sanctioned suspension charge. Although the penal consequences are the same as driving with a suspended license due to court sanction, $1,000 fine, a maximum of 12 months in jail and as many as 12 points added to your driving record, this offense will also result in additional time being added to your driving restrictions. This means that the amount of time that you are not allowed to operate a motor vehicle will be significantly extended.

Driving with an Out of State Suspended or Revoked License

If you are driving on a suspended or revoked license that was not issued by the state of Maryland, you are still just as guilty of the offense as if the license was suspended by Maryland. The penalties for driving with a suspended out of state license is identical to the charges with a suspended Maryland license. There is one distinct difference with this charge and the previous charge. When a person is charged with driving with a suspended or revoked out of state license, the state is required to prove, not only that the driver was driving with a revoked or suspended license, but they must also prove that you were effectively notified of the suspension or revocation.

If charged, consult with a traffic defense lawyer

Driving on a revoked or suspended license can result in costly fines and inconvenient penalties. If you are charged with driving on a revoked or suspended license, it is strongly recommended that you consult with a traffic defense lawyer who may be able petition the court for a lower charge or dismissal.

]]>https://www.tuckerlawpllc.com/blog/top-four-charges-related-to-driving-with-a-revoked-or-suspended-license.cfmwww.tuckerlawpllc.com-175746Wed, 20 Sep 2017 15:18:00 ESTAccording to the National Highway Traffic Safety Administration, pedestrians in the US are hit by cars every 8 minutes - a statistic that residents of Washington, D.C. should take to heart. Since nearly half of workers in the District walk to work or take public transportation, there is an overwhelmingly large portion of the population at risk of pedestrian accidents compared to other large cities.

On crowded streets in D.C., pedestrians who leave the curb a second too early may suffer broken bones, traumatic brain injuries, pelvic fractures, spinal cord injuries, or require amputations—and in many cases, pedestrians will be paralyzed or killed as a result of their injuries. In 2013, there were 955 crashes involving pedestrians recorded in the District, 12 of which resulted in death according to data collected by the District of Columbia Department of Transportation (DDOT).

Common Causes of Pedestrian Accidents in D.C.

The most common cause of pedestrian accidents is negligence. In legal terms, negligence is a failure to use a reasonable amount of care and attention to protect the safety and well-being of others. Examples of negligence include:

Driver distractions. Texting, talking on cell phones, and other distractions pull a driver’s attention away from the road, increasing the likelihood of an accident.

Driving under the influence. Drinking alcohol before driving is not only illegal, it also demonstrates that the driver was not exercising proper care if he is involved in a crash.

Failure to check all traffic routes. Many pedestrian accidents occur at intersections, particularly when cars turn into the path of pedestrians in crosswalks who have the right of way.

Speeding. Drivers who exceed the speed limit or fail to come to a complete stop at stop signs or lights can be held liable for negligence.

Failure to maintain sidewalks. Municipal entities can be held liable for pedestrian accidents if sidewalk conditions prevent proper use, such as if flooding or deep snow forces pedestrians to walk in the road or overgrown bushes reduce visibility.

Contributory Negligence Laws Affect a Pedestrian’s Right to Recover Damages After an Injury

Currently the D.C. metro area is bound by a law called “contributory negligence,” which prevents injured pedestrians and cyclists from recovering anything at all if their actions played a role in the accident. Some states have partial contributory negligence laws that allow victims to recover a reduced amount of damages if they are found liable for some portion of the accident. But in Maryland, Virginia, and Washington, D.C., victims can be denied payment if they are found to be to be even one percent negligent for the events leading up to an accident.*

Reasonable care. Negligence hinges on determining which party did not exercise a reasonable level of care. In other words, which party did not act as a reasonable person would have under similar circumstances. Drivers and pedestrians are both expected to obey traffic laws and use common sense on streets and crosswalks. A pedestrian who jaywalks or darts out between parked cars is not using reasonable care, just as a speeding driver would be found negligent.

Evidence. There are many ways to provide proof that actions directly caused a crash. Pictures taken at the accident scene or video from posted surveillance cameras allow a jury to see at a glance what happened on the day of the accident.

Witnesses. It can be difficult to determine who is at fault in the aftermath of an accident, as evidence is often lost quickly. Testimony from witnesses at the scene can help establish who was in the wrong.

Accident reconstruction. In some cases, attorneys will work with experts to reconstruct the accident, allowing these specialists to give expert testimony in court.

Injured in a Pedestrian Accident in DC, Virginia, or Maryland? Call Us Today for a Free Consultation.

Pedestrians are usually disabled and unable to work for weeks or months after a crash. Depending on the injuries they have sustained, pedestrians may incur medical expenses and loss of income in the millions of dollars. Many rely on personal injury lawsuits to get the resources they need to get back on their feet, but it will take a skilled accident attorney to prove that you are not at fault for causing the accident. Call Tucker, Nong and Associates today to find out how we can help or complete the contact form on this page to have one of our associates get in touch with you.

*On October 13, 2016, DC Mayor Muriel Bowser signed the Motor Vehicle Collision Recovery Act of 2016. This new law will go into effect in the coming months and significantly increases the legal rights of pedestrians and cyclists in the District enabling them to sue the negligent driver for up to 100% of medical bills and other damages if hit by a car - even if they are found to be up to 50% at fault.

]]>https://www.tuckerlawpllc.com/blog/pedestrian-accident-lawsuits-dc-metro.cfmwww.tuckerlawpllc.com-162700Wed, 05 Oct 2016 21:51:00 ESTIn recent years, the EB-5 investment visa programs have experienced increased interest and participation. In 2013, the government issued all of the 10,000 visas allotted for this type of immigration for the first time, and EB-5 investor immigrants have continued to apply in great numbers since. According to United States Citizenship and Immigration Services (USCIS) statistics, most of these immigrants have applied using the regional center investment program. The regional center program offers investors the opportunity to make an investment through an approved center that is seeking to fund various types of businesses around the country. Often, these projects are large-scale and pool funds from multiple investors to meet the demands of the program and the needs of a local community. As of August 1, 2016, there were 851 USCIS-approved regional centers throughout the U.S.

Unfortunately, with so many centers and with such high interest from foreign investors, there have been many documented instances of fraudulent centers tricking investors. In many cases, regional center operators have misled investors about the scope of the business, the potential return, and the guarantees of the government for the visa. Simply investing in a business is not enough to satisfy the requirements for an EB-5 visa, a key fact to understand in these cases. In 2014, a Chicago regional center operator was indicted after he misled Chinese investors to gain $160 million for a hotel project that had not been approved by the appropriate officials nor backed by other major hoteliers as he claimed. In that case, the U.S. Securities and Exchange Commission (SEC) froze the assets and returned the majority of the money back to the investors. However, not every case has a similar ending. Many investors have lost a significant amount of money and have not been able to secure the EB-5 investment visa as a result of these scams.

If you are considering using a regional center to obtain an EB-5 investment visa for yourself and your family, take care to protect both your investment and your future visa by learning more about these regional centers.

Identifying Legitimate Regional Center Investments

The USCIS website maintains a list of approved regional centers on its website, as well as a list of centers that have been terminated from the program. However, information can change quickly, so it is important to take a few steps to ensure that you are working with a legitimate regional center on a business project that will result in the approval of your EB-5 investment visa. To help protect your investment and immigration status, it is a good idea to:

Confirm the regional center has been approved by the USCIS. Though the USCIS acknowledges their posted listing of centers may be incomplete or inaccurate, your selected center should appear on their website. If your center is not on the approved list or appears on the recently terminated list, it is a clear indication of a problem with the center and could be a risky investment. Additionally, the center should be able to provide a designation letter from the government confirming its approval.

Confirm the regional center has been approved for work in the stated location. Even if your selected center is a certified center, make sure it is approved for operation in the location where your business will operate. In some cases, center operators have misled investors about the geographical reach of the center and led them into unsanctioned projects.

Warning Signs of a Fraudulent Regional Center or Risky Investment

Even if a regional center passes the initial benchmarks, investors should still be on the lookout for other warning signs that the operators of the center may not be completely straightforward. Some key signs include:

Guarantees of a return on your investment. Investing in any business requires some degree of risk, and regional center projects are no different. No individual can guarantee the outcome of any business transaction, especially when it comes to large, expensive projects.

Guarantees for a visa or permanent resident status. An investment in an EB-5 regional center allows an investor and his family to apply for conditional residency and later be eligible for permanent resident status should the requirements of the visa be satisfied. Anyone promising a secure path to citizenship is being misleading. The USCIS can still deny lawful status to those who do not qualify.

Unregistered investments. Not every investment is registered with the SEC. While the business may still be legitimate, it warrants additional investigation to ensure the company is operating in a truthful and legal manner.

While the regional centers program has many benefits for both immigrants and Americans citizens, it is not without some flaws. To protect your investment and your family, it is important to take the time and effort to ensure the legitimacy of a regional center and its business operation. At Tucker, Nong & Associates, our experienced lawyers understand the unique role of these centers and the importance of these investments for immigrants and their families. If you are considering using a regional center to obtain an EB-5 visa, take a moment to fill out our online contact form. You’ll receive a prompt response from a member of our team who can help you navigate the complex immigration system.

]]>https://www.tuckerlawpllc.com/blog/don-t-be-fooled-by-false-eb-5-regional-centers.cfmwww.tuckerlawpllc.com-161924Wed, 31 Aug 2016 00:00:00 ESTFor the past few years, the regional center program has allowed many foreign investors the opportunity to obtain a green card for themselves and their families. Cheaper and requiring less involvement than its direct investment counterpart, the EB-5 regional center program has come under fire from politicians and others who claim it is ripe for fraud and misuse. The program was slated to expire last year after some 20 years in existence. It was given an extension as part of the Omnibus Bill, but that deadline is now looming, with September 30 as the stated end date.

Is This the End of the Investment Visa Program Entirely?

No, but the options available to foreign investors could be dramatically reduced or changed. The EB-5 investment visa program itself will not be eliminated, just the option to invest through a regional center. That distinction is significant. Over the past few years, the vast majority of the investment visas issued by the U.S. government have been obtained through the regional centers program. The other current option, the direct investment program, does have slightly different requirements, including a more significant investment, stricter job creation requirements, more involvement in day-to-day business operations, and more limited options in location.

Additionally, while there is some hope that the regional center program will be granted another reprieve, experts anticipate that it will not remain in its current form. It has been suggested that any extension of the regional center program would have more stringent requirements going forward, including:

A larger investment amount

More visas specifically for those investing in rural or high-unemployment areas

Increased monitoring and oversight

Greater discretion by the government to reject applications based on security or fraud concerns

Worried About the Impact of Regional Center Changes on Your Investment Visa Status? We Can Help.

Even if the program is given an extension, it will likely be more difficult and costly for the investor in the future. If you are considering applying for an EB-5 investment visa and would like to take advantage of the regional center program, contact our team of EB-5 immigration lawyers at Tucker, Nong & Associates today. With two locations in the Washington, D.C. metro area, our attorneys can help you:

Identify legitimate regional centers in Virginia, Maryland, and the District of Columbia

Select an investment project that meets your needs

Identify and gather the proper supporting documents

Complete an I-526 petition to begin the process

For more information on EB-5 investment options, call our office in Vienna, VA, at (703) 991-7978 or in Rockville, MD, at (301) 637-5392.

]]>https://www.tuckerlawpllc.com/blog/eb-5-regional-center-program-drawing-near-end.cfmwww.tuckerlawpllc.com-161923Mon, 29 Aug 2016 00:00:00 ESTIn 2014, President Obama announced a sweeping plan to address immigration in the United States. With two major executive actions, the plan aims to reduce illegal immigration at the borders while providing stability and a path to citizenship for those already in the country, as long as they are not a criminal enforcement priority. The actions came under quick opposition in political arenas, but their potential impact on both immigrants and citizens alike in the United States cannot be denied. Learn more about these immigration reforms and how they may impact all Americans.

Deferred Action for Childhood Arrivals and Parents of Citizens

The two main initiatives would grant many of illegal immigrants already in the country to avoid imminent deportation and secure or maintain lawful employment while pursuing a path to citizenship. These actions, according to the White House, will give millions of undocumented people a chance to live and work legitimately in the U.S., including paying their fair share of government taxes. The two actions are:

Deferred Actions for Childhood Arrivals (DACA) – This action would affect those who came to the U.S. as children but have no current legal immigrations standing. A person could be eligible for this program if he or she arrived in the country before the age of 16 and has lived here continuously since at least January 1, 2010. Additionally, the action stipulates that the individual must be in school or have graduated (or obtained a GED), and they must not have a criminal record or be suspected of criminal activity.

Deferred Actions for Parents of U.S. and Lawful Permanent Residents (DAPA) – This action would allow undocumented parents of citizens and permanent residents to remain in the country if their son or daughter met those citizenship requirements as of November 20, 2014, and if they themselves have lived in the U.S. continuously since at least January 1, 2010. Additionally, the parents must not be an enforcement priority for removal from the country, meaning in general that they have not committed any crime and are not under investigation for any criminal activity.

Benefits of These Immigration Executive Orders

President Obama issued these orders in hopes of achieving a number of goals for both undocumented immigrants and the citizens of the U.S. For those illegally living and working in the country, the benefits may seem obvious. They include:

A chance to become lawful U.S. citizens.

Maintaining family life and relationships.

Avoid deportation. Many children affected by these orders arrived in the U.S. as small children, and deportation would mean removal to a country which they know little or nothing about.

Proponents of the programs also tout potential positive impacts for everyone living in the U.S. As these undocumented immigrants move into legitimate status, they are able to legally obtain work, drivers’ licenses, and more. Following, more people are able to purchase auto insurance and healthcare benefits, reducing the cost of the uninsured that weighs heavily on our current system. Additionally, experts say that while it is difficult to measure, the program creates a culture of acceptance and support that can enable talented, hard-working people to emerge from the shadows and contribute to the American dream.

Economic Growth as a Result of Immigration Reform

Those aren’t the only potential positive outcomes of these programs, however. Government groups and immigration advocates have touted serious economic growth as the top benefit to the implementation of this policy. Higher employment rates mean more people are paying into the tax system.

Maryland: The study notes about 80,000 people in the state as eligible for either DACA or DACP. This could mean an increase in GDP of over $4.5 billion and about 570 new jobs every year. This could mean an increase in the earning of all Maryland workers of over $2.6 billion.

Virginia: In Virginia, the study states a potential increase in GDP of $4.2 billion, with the addition of 530 new jobs each year and an estimated $2.6 billion increase in earnings for all state workers.

Washington, DC: Our nation’s capital could also see significant economic growth as a result of the immigration reforms. The same study predicts a $938 million increase in GDP, with an increase of $246 million for all workers.

The study estimated that a little over a third of the undocumented population in those three areas could be eligible for enrollment in either DACA or DAPA. If you or someone you love qualifies, the experienced immigration lawyers at Tucker, Nong, & Associates can help. Even if you aren’t sure about your eligibility, our legal team can work with you to examine your unique situation and determine how to move forward most effectively. Call our office in Virginia at 703-991-7978 or in Maryland at 301-637-5392 to get started protecting your rights. Our multi-lingual call centers operators can answer your questions and schedule a free consultation.

]]>https://www.tuckerlawpllc.com/blog/the-universal-benefits-of-obama-s-executive-order-on-immigration.cfmwww.tuckerlawpllc.com-160557Tue, 05 Jul 2016 00:00:00 ESTThe Department of Labor outlined its plans in which the department expands the support given to immigrant victims of human trafficking and various other crimes who seek relief through the Department of Homeland Security.

Understanding U visas and T visas

As explained by the DOL, U visas are extended to certain victims of crime who are helpful in criminal investigations and prosecutions, but law enforcement agencies must certify that the victims have indeed met the requirements for the visa. The DOL added that certification is not required for victims of human trafficking who seek T visas, but that certification is “strongly encouraged.”

U visa and T visa certification

The Department of Labor further stated that the WHD will include three additional crimes for which it will undertake U visa certifications. They are:

Extortion.

Foreign labor contracting fraud.

Forced labor.

The DOL also added that the WHD will start to issue certifications to applicants for T visas.

Workers rights in the workplace

In further developments given in a third fact sheet, the DOL revealed the creation of an inter-agency working group designed to assist federal agencies reinforce employment and labor laws, irrespective of a worker’s immigration position. The DOL says a lot of workers are afraid of asserting their rights in the workplace. In addition, unscrupulous employers are apt to exploit the immigration status of workers, further frightening them.

The Joint Working group

The joint working group — comprised of the Department of Homeland Security, the Department of Labor, the Equal Employment Opportunity Commission, the National Labor Relations Board and the Justice Department — will make every effort to safeguard enforcement in the workplace, creating an environment that is free of the fear of retribution, and prevents the exploitation of enforcement agencies by people who might want to jeopardize the workers’ protection. The working group will make sure that employment and immigration laws and federal labor are enforced in a fair and consistent manner.

We are ready to help you

The U visa and the T visa are designed to benefit foreign nationals who are in specific circumstances. For more information, or, if you are interested in pursuing a U visa or a T visa – call Tucker, Nong and Associates or contact us online immediately. Our experienced immigration lawyers are knowledgeable in how to process U visas and T visas. Don’t miss this opportunity, contact us today so we can start working on your case.

]]>https://www.tuckerlawpllc.com/blog/certification-for-u-visas-and-t-visas.cfmwww.tuckerlawpllc.com-157514Fri, 26 Feb 2016 14:33:00 ESTThe U.S. Department of Labor (DOL) has released a fact sheet about their plans on reviewing and revising the PERM labor certification requirements and process. The hope is to streamline the program so that it better serves the needs of workers and employers, while still ensuring the purpose and integrity of the labor certification process.

PERM Labor Certification and Green Cards

Obtaining a green card through employment is a complicated, three-part process. The first step towards acquiring an employment based green card is by properly filing a PERM Labor Certification. To read more about employment based green cards, please visit:

First review of PERM program to date

The Department of Homeland Security is not the only agency affected by the executive action. In a fact sheet dated November 20th, the Labor Department stated that it will now review the permanent labor certification, or PERM, program. In the 10 years of its existence, this program has neither been examined comprehensively nor modified in any way.

The PERM program reviewed.

The Department of Labor has stated that it will seek input regarding the present regulation as part of the review process. This input will specifically look at ways in which the system can be brought up to date, and how it can be made more dynamic and responsive to the changes that impact the nation’s workforce.

Changes to the PERM Program

In particular, the Department of Labor will pursue input on the following issues:

The means by which to identify occupational surpluses and shortages in the workforce, and the methods by which the recruitment requirements of U.S. workers can be aligned with the demonstrated surpluses and shortages.

Methodologies and best practices that are designed to modernize and facilitate the recruitment requirements for U.S. workers.

Procedures to explain the obligations that employers must meet to make certain the PERM vacancies are made fully available to U.S. workers.

A range of timeframes for the processing of cases as well as the possibility of a premium processing service.

The application submission process, a review process and means by which to address errors of a non-material nature efficiently.

Future of the PERM program

The Department of Labor stated that its Employment and Training Administration might review other facets of the PERM program so as to fine tune the integrity of the process of labor certification, and to more fully align the design of the program with the objectives set out by the United States immigration system and the needs of employers and workers.

PERM process will still be complicated

Improvements to the current PERM Labor Certification program could allow more foreign nationals to benefit. However, even with improvements, the PERM process will still be detailed and complicated.

We are ready to help you.

If you are interested in learning more or, hearing how we can help you pursue a PERM Labor Certification, call Tucker, Nong and Associates, or contact us online immediately. Our green card lawyers have processed thousands of green cards and will be able to help you through the entire process.

Contact us today today to learn how we can help you.

]]>https://www.tuckerlawpllc.com/blog/modernizing-perm-labor-certification.cfmwww.tuckerlawpllc.com-157511Fri, 26 Feb 2016 14:31:00 ESTIn regards to L-1B Visa petitions, USCIS has inconsistently interpreted and defined specialized knowledge in the past. Because of this, there has been uncertainty for some multinational businesses that need to bring in employees with the skills and knowledge required in specialized areas.

In an effort to address this uncertainty, the DHS has directed the USCIS to review and improve their guidance on the meaning of specialized knowledge.

Defining “Specialized Knowledge” for L-1B Visas

USCIS is set to produce a policy memorandum which gives “clear, consolidated guidance” on the exact meaning of “specialized knowledge” where L-1B visas are concerned. Immigration attorneys have been seeking a definitive guideline for many years.

Migrant Business People

USCIS has been instructed to undertake specific actions for defining protocols for migrant business people:

Define procedure for obtaining a National Interest Waiver.

Make clear the accepted procedure through which migrant business people can secure a national interest reprieve whereby immigrants are able to carry out petitions for green cards on their own behalf, without the need for employers to sponsor them, but only in cases where their admission to the United States is in the best interest of the nation. To learn more about specific guidelines for business people, please visit:

Encourage growth of Research, Development, and Entrepreneurs.

Advance a plan that allows the agency to pardon researchers, start-up company founders and inventors who have either received major U.S. financing from investors, or who will create jobs and advance innovation via technological developments and/or avant-garde research. Each case is to be judged on its own merits.

Authority to grant pardon/parole

The authority to grant pardon/parole is found within the Immigration and Nationality Act, under Section 212(d)(5). In it, certain immigrants are allowed admission outside of the normal channels if their admission would provide significant benefit to the general public. Johnson makes it clear that the USCIS regulation must outline resource and income boundaries when paroles are granted, so that immigrants will not qualify for premium tax credits within the Affordable Care Act or federal public benefits.

We are ready to help you

The new guidance for L-1B visas can help more individuals take advantage of the program. Even with more clearly defined guidelines, securing an L-1B visa is a complicated process. If you would like to learn more, or would like to start pursuing an L-1B visa – contact Tucker, Nong and Associates online or by phone immediately. Our experienced immigration attorneys can help you make the best decision moving forward so that you reach your goals. Don’t miss this opportunity, contact us today.

]]>https://www.tuckerlawpllc.com/blog/l-1b-visa-specialized-knowledge.cfmwww.tuckerlawpllc.com-157510Fri, 26 Feb 2016 14:29:00 ESTThe U.S. Citizenship and Immigration Services is on the brink of publishing a final rule that will grant the right to work to H-4 dependents, if their H-1B high-skilled visa holder spouses are pursuing legal, permanent resident status via employment.

Effects of H-4 Employment Authorization Regulation

A proposed rule that was released on May 9th, 2014 would give employment authorization papers to the spouses of H-1B visa workers who have had their employment visa petitions approved. There are approximately 97,000 such spouses. In addition, the husbands and wives of H-1B workers who have received visa extensions under AC21, the American Competitiveness in the 21st Century Act, will also receive employment authorization papers.

Timeframe is uncertain

USCIS has states that they will publish about the regulation allowing employment authorization for certain H-4 spouses. An exact timeframe is not given, however it will most likely be published in either December 2014 or January 2015.

Current Benefits of the H-4 Visa

The H-4 visa is primarily awarded to spouses of H-1B workers or their children. Individuals who maintain an H-4 status are able to receive certain benefits. Currently, an individual with a H-4 visa is permitted to open a US bank account and may also be allowed to conduct business in the United States.

Additionally, H-4 visa recipients are permitted to request a taxpayer identification number (TIN) from the Internal Revenue Service (IRS). In some cases a TIN can be used for the purpose of obtaining a driver’s license. For more detailed information on acquiring an H-4 visa, please visit:

How we can help you

Our firm employs highly experienced immigration lawyers who know how to manage H-1B visa cases and H-4 Visa cases. If you are interested in benefitting from President Obama’s Executive Action by pursuing an H-4 visa for yourself or a loved one, contact us by phone or online. We are prepared to help you get the best results possible.

]]>https://www.tuckerlawpllc.com/blog/h-4-visa-employment-authorization-regulation.cfmwww.tuckerlawpllc.com-157509Fri, 26 Feb 2016 14:27:00 ESTHistorically, the term “same or similar” used in determining job classification has caused serious difficulties for immigrant workers.

Previous lack of guidance of the term “same or similar”

In particular, the lack of understanding has has caused difficulty for thousands of individuals who planned on/are pursuing a change in position. Over the past several years, foreign professionals have been known to not pursue beneficial employment opportunities for fear of jeopardizing their status.

Clarification of the term “same or similar” for AC-21 purposes

USCIS is expected to provide additional guidance to the term “same or similar” within the AC21 green card visas. The Department of Homeland Security secretary said that the lack of clarity that attends the notion of “same” or “similar” jobs has been an obstacle that kept numerous immigrants from changing jobs.

Changing Jobs While the Green Card Application is Pending

The immigrants have been afraid that a change of employment would make their approved petitions null and void. Within the framework of new guidelines, key political figures have stressed that USCIS must make it clear to workers that they can assume related jobs or accept promotions within their particular fields while still maintaining valid petitions.

Even with improvements, process will be complicated

Changing jobs while maintaining certain statuses will still be a multifaceted process despite improvements. However, with certain improvements, individuals should feel more secure pursuing a change in a professional position.

It is essential for professionals to consider how their decisions will affect their short term and long term immigration goals. Our immigration lawyers have extensive experience in helping foreign nationals reach their immigration and occupational goals.

]]>https://www.tuckerlawpllc.com/blog/ac21-green-cards-same-or-similar-jobs.cfmwww.tuckerlawpllc.com-157508Fri, 26 Feb 2016 14:18:00 ESTCurrently, international students who maintain an F-1 status have the permission to participate in Optional Practical Training (OPT).

What is Optional Practical Training (OPT)?

OPT is a temporary employment agreement that allows a student to work with a US employer legally, as long as the nature of the work is directly related to the international student’s course of study. Students who have a valid F-1 student visa may be eligible to participate in an OPT program. To learn more about acquiring an F-1 student visa, please visit:F-1 Visa and Status

Expansion of Optional Practical Training Program

After reviewing the current optional practical training (OPT) program for F-1 students, USCIS and ICE are expected to improve it. ICE is expected to propose regulations that help with expanding eligibility with degree programs for STEM OPT extensions and to also expand the time period STEM students would be eligible for the OPT program.USCIS and ICE are also expected to “take steps to ensure that OPT employment is consistent with U.S. labor market protections to safeguard the interests of U.S. workers in related fields.”

New maximum work period.

The Immigration and Customs Enforcement agency is set to put out fresh regulations that govern the optional practical training program. These new regulations will give foreign graduates of universities and colleges in the United States the right to work, for a maximum period of 29 months, within their particular fields of study upon graduation.

More degree programs eligible for OPT.

Notably, Johnson requested that the number of degree programs which are eligible for the optional practical training program should be expanded, and for the duration of the OPT status to be increased for students undertaking engineering, science, mathematics and technology programs of study.

Changes in OPT Employment

It has been stated that the optional practical training program needs more robust ties to the institutions that grant degrees. Additionally, OPT employment must hold true to the labor market protections of the United States to ensure that that U.S. citizens who work in related fields of employment are not adversely impacted.

We are ready to help you

The changes to the US optional training program (OPT) can positively benefit F-1 students who qualify. If you are interested in learning how OPT can benefit you, or are ready to pursue you F-1 student visa, contact Tucker, Nong and Associates online or by phone today. We can help you obtain an F-1 student visa and assist in all steps of the OPT process.Don’t miss this opportunity, let us get to work on your case immediately.

]]>https://www.tuckerlawpllc.com/blog/f-1-visa-optional-practical-training-opt-expansion.cfmwww.tuckerlawpllc.com-157507Fri, 26 Feb 2016 14:15:00 ESTPresident Obama’s executive order has included provisions to improve the current US visa system. Many key individuals have identified the current US visa system as both problematic and inefficient.

Employment-Based Visa System Improvements

The USCIS has been directed to take steps to address the backlogs of visa number availability concerning employment-based (EB) permanent residence (green card) cases. To learn more about employment based visas/permanent resident status, visit:

Limits of the executive order.

However, visa number limits have been set by law and cannot be changed via an executive order. The intention is to grant the filing of an adjustment of status (I-485) application, before a visa number becomes available. This would require regulatory changes that were not mentioned within the memorandum.

The future of employment-based visas.

With continued due diligence, the USCIS and the U.S. Department of State (DOS) will make sure that all immigrant visas are used each year. With the DOS responsible with the controlling and issuing of immigrant visa numbers, they will be making improvements with the visa bulletin system; furthermore, the USCIS regulations will be modified fittingly.

Visa petitions valid, even when changing position.

Another goal is to provide foreign national beneficiaries with more stability within the immigration process. One way to do this is to allow more situations where an individual’s visa petitions remains valid even when they change jobs, reducing their dependence on a single employer. This is just one change that the USCIS is being directed to consider in regards to assisting beneficiaries of approved employment-based visa petitions.

Visa process will still be complicated

New actions taken to help improve the current US visa system will benefit individuals who qualify. The process of overhauling the current visa system will take time. Even with improvements, acquiring a visa will still be competitive and it is unknown what new complications could arise. Errors or mistakes made during filing could harm your chances of receiving an approved visa.

We are ready to help you

If you are planning on pursuing permanent resident status through employment, it is important that you work with an experienced immigration attorney. To learn more about how you can benefit from upcoming changes to the US visa system, or are ready to begin pursuing employment based permanent residency, call Tucker, Nong and Associates or send us a message online.

Our experienced green card attorneys will be able to help ensure the best possible results for your case. Don’t gamble on your future, let us start working for you immediately.

]]>https://www.tuckerlawpllc.com/blog/employment-based-visa-system-improvements.cfmwww.tuckerlawpllc.com-157506Fri, 26 Feb 2016 14:14:00 ESTRepublican members of Congress are using the U.S. tax system to slow down President Obama’s plan that tries to keep undocumented immigrants from deportation. The president’s executive order, issued in November 2014, is designed to protect approximately millions of people now residing in the United States by using the DACA and DAPA deferred action programs. If the Republicans are successful, undocumented immigrants would not become eligible to claim the EITC (Earned Income Tax Credit), which is designed to lower the amount of tax that is owed. Anyone who could be eligible for DACA or DAPA should talk to an immigration lawyer right away. To learn more about DACA and DAPA, read one of our articles on:

The Republican Point of View

According to Republican Senator Charles Grassley of Iowa, lead author of the bill, the measure “is not meant to be part of the immigration debate.” Instead, it claims to be focused on the argument that Obama’s executive order would impose a heavy financial burden on federal, state, and local governments. Said Grassley in USA Today, the bill “is just part of correcting what the president has put in place when he legalized people through his November action.” The non-partisan Joint Committee on Taxation says the proposed new legislation would save the government 2.1 billion.

Allowing Undocumented Immigrants to Receive Social Security Cards

Obama’s new executive order allows documented immigrants to receive Social Security cards, which are necessary to file tax returns. Therein lies the problem, according to the cosponsors of the Republican bill. The Internal Revenue Service allows people who have recently received a Social Security number to file amended returns that claim an EITC, a refundable credit claimed by low to moderate income working people, for up to three prior years. According to Daniel Costa, director of immigration law and policy research for the Economic Policy Institute, the median annual salary of an undocumented four-person immigrant family was more than $40,000 for 2014. He estimates that a family in that range would qualify for an EITC of about $2,000.

The Future of of DACA and DAPA – Start Preparing Now!

What is the future of DACA (Deferred Action for Childhood Arrivals) and DAPA (Deferred Action for Parents of Americans and Lawful Permanent Residents)? U.S. immigration laws continue to be a controversial issue between Republicans and Democrats. As the two sides disagree, the Justice Department and the Obama administration continue to push for the approval of DACA and DAPA. The DACA program centers on youth who entered the United States as children. These people and their parents would be allowed a type of temporary residence called “deferred action.”

Applications have been temporarily suspended for DAPA until and if the courts give the okay. Anyone who is eligible to apply for DACA or DAPA in the future should start preparing now. If you are ready to get started, call Tucker, Nong and Associates or send us a message online today. We are ready to help you understand your options and prepare for the future.

]]>https://www.tuckerlawpllc.com/blog/battle-over-immigration-reform-continues-in-congress.cfmwww.tuckerlawpllc.com-157390Thu, 26 Mar 2015 13:53:00 ESTDomestic violence is a very difficult topic. Nobody plans to be involved in a domestic violence or domestic assault case but unfortunately, these situations are more common than you would think. It is important to remember that even if someone is charged with with domestic violence or domestic assault, it does not always mean they are a “bad” person. This article will talk about some common patterns in domestic violence cases.

Common Patterns in Domestic Violence or Domestic Assault Cases

Domestic violence in different relationships usually have similarities. Domestic violence situations do not always instantly happen, these situations usually develop over time. Relationships that are under constant stress can sometimes be the start of domestic violence.

Domestic Violence Escalates over Time

Unfortunately, an individual is not charged with domestic violence the first time it happens because the police were not notified. The victim may have been too scared to go to the police or, the victim may not think that the incident is very serious. It is important to remember that if domestic violence occurs, a victim should report it immediately in order to avoid a more serious situation later on.

Domestic Violence Risk Factors

Many experts agree that there are risk factors which can make domestic violence more likely to occur. Some examples of these risk factors are:

Abuse during pregnancy

The presence of a step-child

Threatening use of a gun

Drug use

Unemployment

Instances of choking

An age difference of more than 10 years

Cheating in the relationship.

An unhealthy level of jealousy.

It is important to remember that these examples are only are risk factors. But, one or more of these risk factors are commonly found in a relationship that has been affected by domestic violence.

Avoiding Domestic Violence

The best way to address domestic violence in a relationship is to avoid it or address it early on so that it does not get worse. Minor instances of domestic violence usually become more severe over time. Addressing domestic violence early on can also allow for the individual who committed domestic violence to have a chance to change his/her behavior through counseling.

Domestic Violence and Domestic Assault Laws

Domestic violence crimes can be referred to as “domestic violence”, “domestic abuse”, “domestic assault” or other names, depending on the state. If you have been charged, it is important to understand the laws in your area if you have been charged with domestic violence or domestic assault or, if you have been the victim of domestic violence or domestic assault. To learn about the laws in your state, visit:

We are Ready to Help You!

Domestic violence cases are usually complicated and if you have been charged or have been a victim, you should work with a legal professional who can help make sure your best interests are protected in court. If you are looking for guidance, call Tucker, Nong and Associates or, send us a message online and tell us about your case. Our firm does not want to judge you, we only want to help. Don’t wait – help is just a call or click away.

]]>https://www.tuckerlawpllc.com/blog/understanding-domestic-violence-and-domestic-assault.cfmwww.tuckerlawpllc.com-157544Thu, 19 Mar 2015 23:29:00 ESTIn cases where someone is charged with Marijuana possession with intent or other possession charges, objects or “paraphernalia” can affect the seriousness of the charge. For more information on marijuana with intent to distribute laws in your area, visit:

Harmful Evidence

There are many items that are not suspicious because they have a use that is unrelated to marijuana or other drugs. However, when certain items are found along with marijuana, it is possible that they can be used as evidence in supporting a marijuana possession with intent to distribute. These items could be referred to as “harmful evidence” because it is evidence being used against the defendant by the prosecutor.

Examples of Harmful Evidence in Virginia

Certain items can be used as harmful evidence when they are found on the same person who is in possession or marijuana or other controlled substances. Certain items in particular can be used in proving guilt for a possession with intent to distribute charge. Some examples of these items are:

Digital scales

“shake” or “kief” on the floor or tables

plastic baggies

vacuum sealers

unusual amounts of money suggesting profit

List of numbers of known drug users/buyers/bigger sellers

Other related packaging or shipping supplies

Defending Against a Possession with Intent to Distribute Charge

If an individual is charged with possession with intent to distribute, it is important for them to work with a criminal defense lawyer. A criminal defense lawyer has many tools that can be used to protect a defendant’s rights in court or, help negotiate less severe charges. These tools can include analyzing Virginia criminal laws, analyzing statutes and simply arguing your side of the story to court.

Packaging is Not Always Enough

One argument is that packaging alone is not always enough to satisfy a charge of possession with intent to distribute. Remember, there are very specific rules for evidence in Virginia and it is highly recommended that you talk to a lawyer so that you make a good decision.

Personal Use vs. Distribution

Many times, the quantity of marijuana or other controlled substance plays a key factor in deciding whether a charge is for personal use or, was intended for sale to others.

Why You Should Work with a Criminal Defense Lawyer

Typically, charges for possession with intent to distribute have many variables and are not always predictable. Because these cases are complicated, if you are charged with intent to distribute, you should not proceed without a lawyer. If you decide to work with a lawyer, be prepared to tell them all the details so that they can build a better defense for you. If you have received a charge for marijuana with intent to distribute or intent to distribute any other controlled substance, send our criminal defense lawyers a message online. Don’t gamble with your future, work with a legal professional to ensure the best outcome possible.

]]>https://www.tuckerlawpllc.com/blog/-harmful-evidence-in-possession-of-marijuana-with-intent-to-distribute-cases.cfmwww.tuckerlawpllc.com-157500Mon, 16 Mar 2015 13:58:00 ESTIt is no secret that it pays to be careful on the roads. Drivers should always take care when navigating their vehicles in order to protect themselves and the safety of others. But there are more incentives than just that. In the State of Maryland, a traffic offense could result in higher insurance payments!

Maryland Driver’s Insurance Minimums

Many motorists don’t know this but because of its minimum requirements for vehicle insurance, Maryland drivers already pay higher rates than many other states. This cost can increase when a driver receives a traffic citation. For example, a Rhode Island driver might not notice any increase in costs for traffic infractions. But in Maryland, any sort of negative traffic charge can increase your premiums.

Maryland Traffic Charges that Increase Insurance

There is a wide range of charges that can negatively affect a driver’s insurance. The more serious the crime, the more negative the result. If you are charged with a traffic charge in Maryland, it is always best to work with a legal professional to try and lower or dismiss the charge. For more information on common Maryland traffic charges, visit our informational pages on:

Keeping Insurance Affordable

The best way to keep insurance costs low is to is to maintain a clean driving record. Maintain the speed limit and obey the laws of the road to avoid receiving a traffic citation. Drivers can also save money through these other steps, regardless of where they live in Maryland or their credit history.

Shop Around

Comparison shopping is always a good idea. If drivers don’t investigate a number of possible plans, they run a risk of picking a more expensive plan. This overpayment can be more than $350 each year, according to a recent Nerdwallet study. Drivers that shop around can save more than 30 percent in comparison.

Drive Less

Whether you use public transportation or take advantage of carpools, the less time you spend driving on the road, the better. Most insurance companies will ask you questions about your usage, but some offer the opportunity to place a tracking device that monitors the amount of time on the road and reward you with a reduced premium.

Take Advantage of Discounts

Many insurance companies will offer discounts for safe driving, extra security features, or for a safer vehicle. Others will even offer special driving courses, which will give you a reduced premium upon completion.

If Charged, Contact a Traffic Defense Lawyer

Minor traffic citations can result in increased insurance premiums. The more serious the charge, the higher the potential for more expensive insurance. It is also important to remember that going without insurance can result in penalties and citations. If you receive any sort of traffic charge in Maryland, you should work with a local Maryland lawyer who focuses on traffic defense. A skilled traffic defense attorneys may be able to help you receive reduced fines and avoid negative impacts on your driving and criminal records.